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(영문) 수원지방법원 성남지원 2014.05.29 2014고단715
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B at low price.

On January 30, 2014, at around 19:20, the Defendant proceeded with the front road of the friendly construction mid-term building located in the 38-ro Lee Jae-gu, Gwangju, as the front side of the Maddong-dong.

The Defendant, prior to the same direction, was followed by the D low-speed car driven by the victim C, and as a person engaged in driving service, the Defendant had a duty of care to set a safety distance to avoid when the said vehicle stops.

Nevertheless, the defendant neglected this and did not discover the driver's low-speed car of the victim who was driven in front of the front day of the driver's vehicle without finding the driver's vehicle, and caused the victim's back part of the driver's vehicle to conflict with the left side of the driver's vehicle with the Indian seat.

The Defendant, by negligence in the course of performing the above duties, sustained injuries, such as salt dynasium, etc., which require treatment of the victim for about three weeks, and escaped without immediately stopping the vehicle and providing relief to the victim while destroying the vehicle so that the repair cost can be avoided.

Summary of Evidence

1. Defendant's legal statement;

2. A survey report on actual condition;

3. A medical certificate;

4. Application of Acts and subordinate statutes to a copy of automobile-scrapping certificate;

1. Article 5-3 (1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident) concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Article 62 (1) of the Criminal Act;

6. Order to attend lectures and order to provide community service under Article 62-2 of the Criminal Act;

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